Unpaid Military Leave Investigation

By Bruno OrtegaWage Theft

Migliaccio & Rathod LLP is investigating reports that servicemembers are experiencing unpaid military leave, which is in direct violation of federal law.

What’s the Problem?

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers must treat short-term military leave the same as comparable types of leave—like vacation, sick time, or personal days. This includes providing paid leave, if such pay is offered for other short absences.

Despite this legal requirement, some employers continue to:

  • Deny pay to employees who take short-term military leave (typically 14 days or fewer);

  • Provide paid leave for other types of short-term absences;

  • Enforce uniform leave policies that treat servicemembers unequally, despite USERRA protections.

A recent class action filed against The Carle Foundation (Carle Health) in Illinois highlights how this alleged practice has affected military employees since at least 2004.

Why Investigating Unpaid Military Leave Matters

Short-term military leave is often mandatory and non-negotiable. When employers refuse to provide pay during such leave—while paying coworkers who take vacation, sick, or personal leave—they:

  • Create financial hardships for servicemembers fulfilling their legal duties;

  • Undermine the equal treatment USERRA is meant to ensure;

  • Send a harmful message that military service is less valued than other absences.

What May Be Unlawful

An employer may be violating USERRA if it:

  • Offers paid leave for jury duty, sick days, vacation, or holidays;

  • Does not offer the same pay for short-term military leave;

  • Maintains a uniform policy that disadvantages servicemembers.

Such conduct may also result in liability for:

  • Back pay and compensation owed;

  • Liquidated damages for willful violations;

  • Attorneys’ fees and other relief under federal law.

Have You Taken Short-Term Military Leave While Working Full-Time?

You may have a legal claim if:

  • You were a full-time employee who took short-term military leave (14 days or fewer);

  • Your employer did not pay you during that leave;

  • Your coworkers did receive pay for similar-length non-military leave (e.g., vacation or sick days);

  • You suffered a loss of pay as a result.

Contact Us

If you believe you were unfairly denied pay during military leave, we want to hear from you. You may be eligible to join an ongoing investigation or class action and receive compensation.

Please complete the confidential questionnaire below. For additional information, feel free to email us at [email protected] or call (202) 470-3520 to speak with an attorney.